[Cites 5, Cited by 0]
Madras High Court
V.Jayaraman vs The State Of Tamilnadu on 19 January, 2026
Author: G.K. Ilanthiraiyan
Bench: G.K. Ilanthiraiyan
H.C.P.(MD)No.564 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 19.01.2026
CORAM:
THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN
AND
THE HONOURABLE MS.JUSTICE R. POORNIMA
H.C.P.(MD)No.564 of 2025
V.Jayaraman ... Petitioner/Father of the Detenu
-vs-
1.The State of Tamilnadu,
Rep. by the Additional Chief Secretary to Government,
Home, (Prohibition and Excise) Department,
Fort St. George, Secretariat,
Chennai - 600 009.
2.The District Collector and District Magistrate,
Tiruchirappalli District,
Tiruchirappalli.
3.The Superintendent of Prison,
Central Prison,
Tiruchirappalli. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Habeas Corpus, calling for the records relating
to the impugned Detention Order passed by the second respondent
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H.C.P.(MD)No.564 of 2025
through his proceeding in Cr.M.P.No.08/2025, dated 13.03.2025 and to
quash the same and consequently direct the respondents to produce the
petitioner's son Vasantha Kumar, S/o.Jayaraman, aged about 54 years,
who is now confined at Central Prison, Trichirappalli before this Court
and set him at liberty.
For Petitioner : Mr.S.Venkatesan
For Respondents : Mr.T.Senthil Kumar
Additional Public Prosecutor
ORDER
(Order of the Court was made by G.K. ILANTHIRAIYAN,J.)
The petitioner is the father of the detenu viz.,
Vasanthakumar, son of Jayaraman, aged about 54 years. The detenu has
been detained by the second respondent by his order in Cr.M.P.No.
08/2025, dated 13.03.2025, holding him to be a "Sexual Offender", as
contemplated under Section 2(ggg) of Tamil Nadu Act 14 of 1982. The
said order is under challenge in this habeas corpus petition.
2. We have heard the learned counsel appearing for the
petitioner and the learned Additional Public Prosecutor appearing for the
respondents. We have also perused the records produced by the Detaining
Authority.
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3. Though several points have been raised by the learned
counsel for the petitioner, it is stated that the detention order is liable to
be quashed on the ground that the detenu was furnished with illegible
copy of the remand report and remand extension order relied on by the
Detaining Authority, more particularly at Page Nos.41,77 & 83 of the
booklet Volume No.I. Hence, it is submitted that the detenu was deprived
of making effective representation.
4. Further, the detenu was arrested on 07.02.2025 in
pursuant to the registration of the FIR in Cr.No.11 of 2025 for the
offences punishable under Sections 9(f), 9(m), 10, 19, r/2 21(1) of
Protection of Children from Sexual Offences, Act, 2012. Subsequently,
other two cases were also registered by the same police station in Cr.Nos.
12 of 2025 and 13 of 2025 for the very same offences. However, the
detenu was detained under Act, 14 of 1982 only on 13.03.2025. Now, the
entire investigation has been completed and the trial also commenced
before the Trial Court. All the victim girls were examined fully by the
prosecution and it is pending for examination of other witnesses.
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5. On a perusal of the Booklet, it is seen that Page Nos.41,
77 & 83 of the Booklet, which are the remand report and remand
extension order, furnished to the detenu, are illegible. This furnishing of
illegible copy would deprive the detenu of making effective
representation to the authorities against the order of detention.
6. In this context, it is useful to refer to the Judgment of the
Honourable Supreme Court in the case of Powanammal vs. State of
Tamil Nadu, reported in (1999) 2 SCC 413, wherein the Apex Court,
after discussing the safeguards embodied in Article 22(5) of the
Constitution of India, observed that the detenu should be afforded an
opportunity of making a representation effectively against the detention
order and that, the failure to supply every material in the language which
can be understood by the detenu, is imperative. The relevant portion of
the said decision is extracted hereunder:
''6. The short question that falls for our
consideration is whether failure to supply the
Tamil version of the order of remand passed in
English, a language not known to the detenue,
would vitiate her further detention.
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...
...
9. However, this Court has maintained a
distinction between a document which has been
relied upon by the detaining authority in the
grounds of detention and a document which finds a
mere reference in the grounds of detention.
Whereas the non-supply of a copy of the document
relied upon in the grounds of detention has been
held to be fatal to continued detention, the detenu
need not show that any prejudice is caused to him.
This is because the non-supply of such a document
would amount to denial of the right of being
communicated the grounds and of being afforded
the opportunity of making an effective
representation against the order. But it would not
be so where the document merely finds a reference
in the order of detention or among the grounds
thereof. In such a case, the detenu's complaint of
non-supply of document has to be supported by
prejudice caused to him in making an effective
representation. What applies to a document would
equally apply to furnishing a translated copy of the
document in the language known to and
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understood by the detenu, should the document be
in a different language.
...
...
16. For the above reasons, in our view, the
nonsupply of the Tamil version of the English
document, on the facts and in the circumstances,
renders her continued detention illegal. We,
therefore, direct that the detenue be set free
forthwith unless she is required to be detained in
any other case. The appeal is accordingly
allowed.''
7. We find that the above cited Powanammal's case applies
in all force to the case on hand as we find that non-furnishing of legible
copy of the remand report and remand extension order has impaired his
constitutional right to make an effective representation against the
impugned preventive detention order. To be noted, this constitutional
right is ingrained in the form of a safeguard in Clause (5) of Article 22 of
the Constitution of India. We, therefore, have no hesitation in quashing
the impugned detention order.
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8. In fine, the Habeas Corpus Petition is allowed. The
detention order passed in Cr.M.P.No.08/2025, dated 13.03.2025, by the
2nd respondent, is set aside. Consequently, the detenu viz.,
Vasanthakumar, S/o.Jayaraman, aged about 54 years, who is now
detained in Central Prison, Tiruchirappalli, is directed to be released
forthwith, unless his presence or custody or detention is required in
connection with any other case.
9. It is made clear that the trial Court is directed to dispose
the bail petition, if any filed by the detenu, on its own merits and in
accordance with law, without influencing any of the observation made by
this Court.
[G.K.I., J.] [R.P., J.]
19.01.2026
am
NCC :Yes/No
Index: Yes/No
Internet: Yes/No
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To
1.The Additional Chief Secretary to Government,
Home, (Prohibition and Excise) Department,
Fort St. George, Secretariat,
Chennai - 600 009.
2.The District Collector and District Magistrate,
Tiruchirappalli District,
Tiruchirappalli.
3.The Superintendent of Prison,
Central Prison,
Tiruchirappalli.
4.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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G.K. ILANTHIRAIYAN,J.
AND
R. POORNIMA,J.
am
19.01.2026
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